Terms of Service

01General

These Terms of Service ("Terms") govern the rights and obligations between VAMAS ENT DOOEL Skopje (Друштво за трговија и услуги ВАМАС ЕНТ ДООЕЛ експорт импорт Скопје), ul. Miladin Popovikj 21, 1000 Skopje, tax no. 4057026582608, reg. no. 7970641 ("VAMAS" or "Provider") and any natural or legal person who uses or orders its services ("Client").

By ordering a service, registering in the client area, accepting an offer, signing a contract or paying an invoice, the Client confirms having read, understood and accepted these Terms.

The Acceptable Use Policy, the Service Level Agreement (SLA), the Cancellation & Refund Policy, the Privacy Policy, the Cookie Policy and any individual offer or contract form an integral part of these Terms. In case of conflict the order of precedence is: individual written contract, offer, specific policies, these Terms. The Client's own terms do not apply unless VAMAS accepts them in writing.

02Definitions

• Services — all VAMAS services: web hosting, e-mail, DNS, VPS and server services, domain registration and management, SSL certificates, web design and development, cyber security, server and network installation and configuration, maintenance of computer networks and systems, and all related services.
• Consumer — a natural person using the Services for purposes outside their trade, business or profession.
• Business client — a legal entity, sole trader or natural person using the Services for business or professional purposes.
• Client area — the web application at clients.vamas.mk for orders, invoices, payments and support.
• Offer — a written VAMAS quotation (including by e-mail) describing a service, its price and timeline.
• Business day — Monday to Friday, excluding public holidays and non-working days in the Republic of North Macedonia.

03Formation of contract

A contract is formed by: (a) placing an order in the client area and paying the invoice; (b) written acceptance of an offer, including by e-mail; (c) signing a separate contract; or (d) the start of work at the Client's request.

Offers are valid for 15 days unless stated otherwise. VAMAS may refuse an order without giving reasons, in particular where abuse, false data or unpaid prior debts are suspected.

The scope of each service is defined by the plan, offer or contract. Anything not expressly listed is not included and is charged separately at current rates.

04Account and data

The Client must provide accurate, complete and current information and update it promptly. The Client must be at least 18 years old.

The Client is responsible for keeping passwords and access credentials confidential. All actions taken through the Client's account are deemed the Client's actions. The Client must notify VAMAS immediately of any unauthorised access. We recommend enabling two-factor authentication wherever available.

05Prices and payment

Prices are in Macedonian denars (MKD). Prices stated in euro are converted at the National Bank of the Republic of North Macedonia middle rate on the invoice date. VAT, where applicable, is shown separately.

Hosting, domains, licences and subscriptions are paid in advance for the selected period and activated once payment is received. Invoices are due within 8 days unless the invoice states otherwise. Projects (web design, development, IT projects) require a 50% advance before work starts, with the balance due before handover or launch, unless the offer provides otherwise.

Late payments bear statutory default interest, and VAMAS may recover reasonable collection costs. Bank charges are borne by the payer.

VAMAS may change prices with at least 30 days' notice by e-mail. New prices apply from the next renewal; a Client who disagrees may cancel before renewal.

06Renewal and cancellation

Recurring services renew automatically for the same period. The renewal invoice is issued before expiry (earlier for domains because of registry deadlines) and must be paid before expiry.

The Client may cancel renewal in the client area or in writing to [email protected] no later than 7 days before the renewal date. A cancelled service runs until the end of the paid period. Refunds are governed by the Cancellation & Refund Policy.

07Non-payment, suspension and deletion

If an invoice remains unpaid 7 days after its due date, VAMAS may suspend the service without further notice. If the debt remains unpaid 30 days after suspension, VAMAS may terminate the contract and permanently delete all Client data, with no obligation to retain copies.

Reactivation of a suspended service may be charged. Unpaid domains expire under the registry's rules; post-expiry (redemption) fees are charged at registry cost. VAMAS is not liable for any loss of domains, data or e-mail resulting from non-payment or late payment.

08Domains

VAMAS registers domains in the name and on behalf of the Client, who is the registrant (holder). Registration is subject to the rules of the competent registry — MARnet for .мк and .mk, and ICANN and registry policies for generic TLDs. Registrant data is passed to the registry and, where the registry's rules require it, published in public WHOIS/RDAP databases.

Domains are allocated on a first-come, first-served basis; payment does not guarantee registration until the registry confirms it. A submitted registration or renewal cannot be cancelled or refunded.

The Client is solely responsible for ensuring the domain does not infringe a trademark, name or other third-party right. Domain disputes are resolved under the registry's procedures (UDRP for generic TLDs). Transfer codes are issued within 5 business days of request, once all due amounts are paid.

09Hosting and e-mail

Resources (storage, CPU, memory, number of accounts, e-mail sending limits) are defined by the plan. "Unlimited" is subject to fair use under the Acceptable Use Policy. VAMAS may throttle or stop any process, script or account that endangers the stability, security or performance of the server or other clients.

The Client is solely responsible for the content, applications and scripts it deploys, for keeping CMS platforms, plugins and themes up to date, and for the security of its applications and passwords.

VAMAS may migrate a service to another server or data centre within the European Union, with prior notice, provided service quality is not reduced.

10Backups and data

Where a plan includes them, VAMAS takes automatic backups as additional protection, not as a guarantee. The Client is solely responsible for keeping its own independent and current copies of all its data.

VAMAS is not liable for loss of, damage to or inability to restore data, whatever the cause, unless caused intentionally or by gross negligence of VAMAS. Restoring data from a backup at the Client's request may be charged.

11Web design and development

Project scope, timeline and price are defined in the offer or specification. Any change of scope is charged separately and may extend timelines.

The Client must provide materials (copy, images, access, decisions) on time; timelines are extended by any Client delay. If the Client is unresponsive for more than 30 days, the project is deemed paused and VAMAS may invoice the work completed so far; resumption is scheduled anew.

Unless the offer states otherwise, two revision rounds per phase are included. The Client must review deliverables within 8 days. If no written comments are received within that period, or if the Client puts the work into use (launches it), the work is deemed accepted.

VAMAS fixes defects (non-conformity with the agreed specification) reported within 30 days of acceptance free of charge. This warranty does not cover changes made by the Client or third parties, issues caused by third-party software updates, or new requirements.

Third-party components (fonts, plugins, themes, stock images, licences, paid APIs) are subject to their own licences, and their cost is borne by the Client.

12Intellectual property

Upon full payment, the Client acquires the economic rights in the final deliverables created specifically for it (design and content), to the extent needed for the agreed purpose. Until full payment, all rights remain with VAMAS, which may disable or remove unpaid work.

VAMAS retains all rights in pre-existing materials, frameworks, libraries, tools, generic components and know-how, and grants the Client a non-exclusive, perpetual licence to use them as part of the delivered solution. Source code of custom software is handed over if agreed in the offer.

VAMAS may show the work and the Client's name or logo in its portfolio and references, unless a written confidentiality agreement provides otherwise.

The Client warrants that it holds all rights in the materials it supplies and indemnifies VAMAS against any third-party claims relating to them.

13IT services and cyber security

For installation, configuration and maintenance of servers, networks and computer systems, on-site or remotely, the Client must provide access, required licences, accurate information about its environment and authorisation to carry out the work.

Before work begins the Client must have a current backup of its data. VAMAS is not liable for data loss or downtime caused by pre-existing faults, outdated hardware or software, third-party equipment or missing backups.

Security testing (penetration tests, scans, vulnerability assessments) is carried out only on the basis of prior written authorisation defining the scope. The Client warrants that it is entitled to grant such authorisation for all systems in scope and indemnifies VAMAS against any third-party claims in that respect.

Findings and recommendations in security reports are advisory. No system can be absolutely secure, and VAMAS does not guarantee that no incidents will occur.

Monthly maintenance subscriptions cover the scope stated in the offer. Unused hours do not roll over. Work outside the scope is charged at the current hourly rate. Hardware purchased through VAMAS is covered by the manufacturer's warranty.

14Confidentiality

Both parties shall keep confidential all business, technical and personal information learned in the course of cooperation, during the contract and for three years after it ends. This does not apply to information that is public or whose disclosure is required by law or by a decision of a competent authority.

15Processing of personal data on behalf of the Client

Where the Client stores personal data on VAMAS servers, or VAMAS accesses the Client's personal data while performing IT services, the Client is the controller and VAMAS is the processor. This article constitutes a data processing agreement, under which VAMAS shall:

• process the data only on the Client's documented instructions, as set out in the contract and the service;
• bind everyone with access to the data to confidentiality;
• apply appropriate technical and organisational security measures;
• engage sub-processors (a data centre in the EU, a content-delivery and protection network); the Client grants general authorisation for this, and VAMAS informs it of changes;
• assist the Client in responding to data-subject requests;
• notify the Client without undue delay after becoming aware of a personal-data breach;
• delete the data after the service ends, once the period in the "Term and termination" article has passed;
• make available the information needed to demonstrate compliance, with reasonable prior notice and at the Client's cost.

The Client is solely responsible for the lawfulness of the processing, including its legal basis and informing data subjects.

16Limitation of liability

To the maximum extent permitted by law:

• VAMAS is not liable for indirect or consequential damage, lost profit, loss of data, business interruption or reputational harm;
• VAMAS's total liability for all claims arising in any 12-month period is limited to the amount the Client paid for the specific service in the three months before the event giving rise to the damage;
• SLA credits are the sole and exclusive remedy for service unavailability;
• VAMAS is not liable for third-party services and networks, third-party attacks, or the Client's content.

These limitations do not apply to damage caused intentionally or by gross negligence, to injury to life, body or health, or where the law does not permit limitation, including mandatory consumer rights.

17Indemnity

The Client shall indemnify and hold VAMAS harmless from all claims, fines, damages and costs (including reasonable legal fees) of third parties or authorities arising from the Client's content, a breach of these Terms, the Acceptable Use Policy or the law, or an infringement of intellectual property rights.

18Force majeure

VAMAS is not liable for failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, fire, flood, war, civil unrest, epidemics, acts of government, power or Internet backbone outages, large-scale DDoS attacks, supplier failures and strikes.

19Term and termination

The contract runs for the agreed period and renews as set out in the "Renewal and cancellation" article.

VAMAS may terminate the contract immediately, without notice and without refund if the Client: breaches the Acceptable Use Policy; fails to pay within the deadlines in these Terms; has provided false information; abuses the Services; threatens or insults staff; endangers VAMAS infrastructure, security or reputation; or if a competent authority so orders.

VAMAS may also terminate without cause with 30 days' written notice, in which case the Client receives a pro-rata refund for the prepaid, unused period.

After termination, the Client's data is deleted after 14 days. Before deletion the Client may request an export of its data, which may be charged.

20Changes to the Terms

VAMAS may amend these Terms. Amended Terms are published on this page with their effective date. Clients are notified of material changes by e-mail at least 15 days before they take effect. Continued use of the Services after that date constitutes acceptance. A Consumer who disagrees with a material change may terminate the contract before it takes effect and receive a pro-rata refund.

21Communication

Notices to the Client are sent to the e-mail address in its account and are deemed written and received on the business day after sending. Notices to VAMAS are sent to [email protected]. The Client is responsible for keeping its account e-mail address correct and active.

22Consumer rights

Nothing in these Terms limits the rights Consumers have under the Consumer Protection Act and other mandatory regulations. Provisions contrary to mandatory consumer-protection rules do not apply to Consumers. The right to withdraw from a distance contract is set out in the Cancellation & Refund Policy.

23Final provisions

These Terms and all contracts between VAMAS and the Client are governed by the law of the Republic of North Macedonia, in particular the Law on Obligations.

The parties shall try to resolve disputes amicably. Failing that, the competent court in Skopje has jurisdiction, unless mandatory consumer-protection rules provide otherwise.

If any provision of these Terms is found void or unenforceable, the remaining provisions remain in force and the provision is replaced by a valid one closest to its purpose. Failure by VAMAS to exercise a right is not a waiver of it. The Client may not assign its rights and obligations without VAMAS's written consent.

These Terms are drawn up in Macedonian. This English text is a translation; in case of discrepancy the Macedonian version prevails.

This English text is a translation; the Macedonian version prevails. Questions: [email protected].